ORDER :

1. Heard learned senior counsel Mr.I.H.Syed for the applicant and learned PP Mr. Mitesh Amin for the respondent- State.

2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R.No.11191045202201 of 2020 with Sola High Court Police Station, Ahmedabad for the offences punishable under Sections 420, 465, 467, 468, 471 and 120B of IPC.

3. Facts of the case is as under :-

3.1. The impugned FIR is pertaining to land bearing survey no.342/2 located at Thaltej Village which the complainant inherited from his mother on 08.04.1965.

3.2. It is alleged that recently the complainant had got 7/12 records of the land checked and it came to his knowledge that said land had been sold to one M/s. Padhar & Company where he was shown as seller and the partners of M/s. Padhar and company i.e. Purshottam Revandas, Prabhudas Revandas, Kanjibhai Revandas and Lt. Revandas Kehraji were shown as purchasers of the land.

3.3. It is alleged that partners of M/s. Padhar and company and the applicant in conspiracy with each other to take away the complainant's land executed sale deed between the complainant and his wife and got the same registered with the authorities in 1975.

3.4. It is alleged that thereafter, the accused persons in connivance with each other transferred the said land to Someshwara Darshan Kheti Sahkari Mandli Ltd. in the garb of the registered sale deed between the complainant and his wife. In substance, it is alleged that since the year 1975, till date, the applicant and other accused persons in connivance and in collusion with each other hatched criminal conspiracy to grab subject land of FIR bearing survey no.342/ 2 and got executed registered sale deed which does not bear thumb impression of the first informant and in collusion with officers of the State, subject land of FIR was mutated into revenue record in favour of accused persons. Hence, FIR.

4. Learned Senior Counsel Mr. I.H.Syed for the applicant and learned PP Mr. Mitesh Amin took the Court through various documentary evidence pertaining to subject land bearing survey no.342/2 situated at Thaltej. The gist of the same is as under :-

4.1. On 21.09.1959, by way of M.E.No.2792 (Heirship) name of Bai Kanku d/o Rupali Bawa Gajuji was mutated in the records of land bearing Survey No.342/2 at Thaltej.

4.2. On 08.04.1965, by way of M.E.No.3252 (Heirship) name of Khodaji Visaji (complainant) s/o Bai Kanku was mutated in the records of land bearing Survey No.342/2 at Thaltej.

4.3. On 30.04.1971, since land at Sr.No.342/2 at Thaltej was a ‘New Tenure Land’ due permission to execute the sale of the land u/s 43 of the Tenancy Act was taken from the Deputy Collector vide order dated 30.04.1971.

4.4. That on 21.01.1972, complainant executed sale deed No.1048 in favour of partners of M/s. Padhar and company i.e. Parshottam Revandas and Ors. after taking above mentioned permission.

4.5. That on 09.05.1975, permission granted on 30.04.191 by the Deputy Collector was mutated in the records vide M.E.No.5027.

4.6. That on 20.09.1975, impugned land sold to Parshottam Revandas vide registered sale deed executed by the complainant was mutated in the records.

4.7. On 20.08.1975, the complainant executed a registered partition deed for himself, his wife and his minor heirs to partition the said land and his house on that land. The intention behind doing the same is best known to the complainant. 4.8. That on 22.07.1977, Revandas Kaharbhai passed away.

4.9. On 20.09.1977, by way of M.E.No.5272 (Heirship) Revandas’ name was deleted from the records and remaining three names of Parshottam Revandas and ors remained in the records of impugned land.

4.10. On 19.05.1980, partnership firm M/s. Padhar and Company was dissolved and only the names of three partners i.e. Parshottam Revandas and Ors. remained in the records of the impugned land. This was mutated in the records vide M.E.No.5486.

4.11. That on 12.10.1990, Someshwara Darshan